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Feb, 2016

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  1. Yes sue them for damages..I.e any losses you have...

    Yes sue them for damages..I.e any losses you have incurred.
  2. Thread: Section 146

    by andydd
    Replies
    5
    Views
    187

    Why didn't you make an application at FTT to...

    Why didn't you make an application at FTT to determine breach ? As per S81.

    It appears you were going down money claim route but want to switch to s146 route, the two differ but there is a cross...
  3. Replies
    12
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    453

    It appears to me you could sue them for breaching...

    It appears to me you could sue them for breaching clause of lease, you could IMO ask for damages covering amount that you have lost ?
  4. Replies
    14
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    444

    Not quite sure what your question is, many leases...

    Not quite sure what your question is, many leases don't have obligations to pay into a sinking fund, I guess it would be better if you saved up money in a separate account you'd have more control...
  5. No need for template just say you are requesting...

    No need for template just say you are requesting summary under s21 of landlord & tenant act 1985. FH should be offered to all LH before being sold to anyone else, you also have option of rtm or rte...
  6. Thread: Service charge

    by andydd
    Replies
    1
    Views
    165

    I think no you can't withhold. S21 was rewritten...

    I think no you can't withhold. S21 was rewritten to allow LH to withhold but never bought into force, so original s21 applies which makes it offence to not provide a summary if you ask for one. Write...
  7. Replies
    31
    Views
    870

    Quite a strange thread, if you haven't seen the...

    Quite a strange thread, if you haven't seen the lease then how do you know how much the ground rent is ?, have you sent valid demands for this amount ?, if not, then the LH don't owe anything, you...
  8. Not sure what your question really is. The...

    Not sure what your question really is.

    The only real way is to start a small claim but it looks as if you won't be able to recover legal costs, I see Gordon999 says put down costs in the claim but...
  9. Courts are an odd one, a court doesn't...

    Courts are an odd one, a court doesn't necessarily the power to decide on issues of whether a amount is reasonable or not, they mostly deal with £xx amount is payable or not.

    An FTT has...
  10. Yes FTT fees have increased and I too wouldnt...

    Yes FTT fees have increased and I too wouldnt recommend an application, as whether you can get back fees and costs is not that clear so wouldnt be worth it.
  11. Who did you pay the fee too ? Surely its them who...

    Who did you pay the fee too ? Surely its them who you should sue.

    Unless there is some sort of RTM then any fees be it ground rent, admin or service charges are normally collected by a management...
  12. Replies
    7
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    269

    £9600 will be the price of a pint in 2120 :)

    £9600 will be the price of a pint in 2120 :)
  13. Replies
    11
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    1,151

    Helping someone else with waiver stuff, loads on...

    Helping someone else with waiver stuff, loads on internet about this, just google waiver right to forfeit, plenty of ammo to use.
  14. Replies
    11
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    1,151

    I agree, thus why I mentioned using strike out to...

    I agree, thus why I mentioned using strike out to get rid of claim at the early stage and dont allow the FTT to use the stupid 'well the amount will be payable when Fh does xxx', Ive always thought...
  15. Replies
    11
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    1,151

    Having had a quick look at Chaplain case it looks...

    Having had a quick look at Chaplain case it looks like that lease had an extra clause allowing for legal costs (not just s146 costs) to be recovered.

    See here...
  16. Thread: S21 lta 1985

    by andydd
    Replies
    7
    Views
    327

    Cheer's for replies. Just double checking that...

    Cheer's for replies. Just double checking that S21 is to supply a breakdown or summary of relevant costs as it puts it, convinced yes it is.

    Its interesting whether the LH should be corresponding...
  17. Replies
    11
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    1,151

    This is alas quite common. Yes legal costs are...

    This is alas quite common.

    Yes legal costs are NOT recoverable in a small claim.

    BUT the Fh is trying to recover legal costs as an administration charge under the lease.

    Now some leases have...
  18. Thread: S21 lta 1985

    by andydd
    Replies
    7
    Views
    327

    Im helping friend. Court action just lists...

    Im helping friend.

    Court action just lists 'Service Charge', it doesnt break it down.

    She has insurance cover docs but that still leaves £x amount unaccounted for.

    The solicitor has said...
  19. Thread: S21 lta 1985

    by andydd
    Replies
    7
    Views
    327

    S21 lta 1985

    Just a quickie question about s21 of Lta 1985, I know it's a mess and there are various versions but it a nutshell am I correct is saying it obliges the freeholder to breakdown a service charge into...
  20. Replies
    19
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    1,715

    The case I was thinking of is discussed here >...

    The case I was thinking of is discussed here > http://nearlylegal.co.uk/2016/01/just-walk-away-beforehand/.

    It was about service charges starting at £90 pa and rising at 10% so they would be over...
  21. Replies
    5
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    319

    Not much is the answer, walking a few yards to...

    Not much is the answer, walking a few yards to another toilet for 2 weeks wouldn't get you much. It doesn't look like someone has been negligent.
  22. Replies
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    244

    I doubt the LH would be responsible for that it...

    I doubt the LH would be responsible for that it would normally be the fh unless the LH had made changes to pipe work etc. it also would normally be covered by the fh's insurance
  23. Replies
    3
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    244

    Why should the previous owner pay, if it flooded...

    Why should the previous owner pay, if it flooded it wouldnt be his liability !

    Who made the changes to the basement ? Were you the Fh at the time ?
  24. Another helpful decisions re: recovering legal costs via service charges.

    Another helpful decisions re: recovering legal costs via service charges. > http://www.landstribunal.gov.uk/judgmentfiles/j1217/LRX-63-2015.pdf

    To summarize, the clause “All other expenses (if...
  25. Replies
    5
    Views
    319

    Are you a leaseholder or freeholder ?

    Are you a leaseholder or freeholder ?
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